State sentencing reform targets pregnant assault victims

MAGISTRATES would be compelled to take a victim’s pregnancy into account when sentencing in assault cases under proposed new law changes.

MAGISTRATES would be compelled to take a victim’s pregnancy into account when sentencing in assault cases, under proposed new law changes to be released today.

Attorney-General Vanessa Goodwin will unveil a raft of proposed law changes aimed at addressing gaps in legislation covering offences often associated with family violence.

Dr Goodwin said the draft Bill proposed to amend section 35 of the Police Offence Act 1935, which dealt with the offence of assault, adding up to two years for those who assault pregnant women.

Attorney-General Vanessa Goodwin.

Magistrates will be compelled to consider the additional time, but the increased sentence will not be mandatory.

“The Government is committed to better protections for victims of family violence, and these changes will ensure perpetrators who commit violent acts against pregnant women are held to account,” Dr Goodwin said.

“These changes will also send the appropriate message that abhorrent acts of violence against women will not be tolerated.”

The new Bill will also propose other laws that would mean:

VICTIMS of a family violence offence can apply to be listed on the eligible person register, meaning they can be given information about a prisoner’s location and progress in the prison system.

VIDEO or audio recorded interviews of family violence victims, made as soon as possible after the commission of the offence, could be used as evidence as an alternative to written statements or oral evidence.

OFFENDERS will have the details of any family violence-related offences recorded on their criminal records.

Dr Goodwin said this change to the Family Violence Act 2004 would make it clearer for prosecutors, the courts and corrective services when an offender had a pattern of family violence offending.

The State Government is calling for public comment on the proposed changes and a paper exploring other options for Tasmania’s legal responses to family violence, including:

BREACHES of protection orders.

CONSEQUENCES for persistently contravening family violence orders.

REDEFINING “family relationship’’.

MANDATORY reporting of family violence.

LAW of self-defence in the context of family violence.

EFFECTS when no evidence is tendered.

[e-mail]

Originally published as State sentencing reform targets pregnant assault victims